Minister of Legal and Constitutional Affairs, Hon. Marlene Malahoo Forte, says the decisions of the Constitutional Reform Committee are made by consensus.
“Every issue to be discussed is discussed widely, taking into account views in the public domain, taking into account experience at the table, and also where we would like to go,” Mrs. Malahoo Forte said.
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“So, the way the committee works is that it deliberates on the issues and then by consensus it arrives at a position that it will recommend for consideration, consideration by the people and by the Parliament through the Cabinet. So, the input of the people will be vital, and all voices will be heard in the process,” she added.
The Minister gave the assurance while providing an update on the work of the Committee during a press conference held on April 14.
The Constitutional Reform Committee will play a key role in ensuring Jamaica’s smooth transition to a Republic. The members were recently announced by Prime Minister the Most Hon. Andrew Holness during a press conference.
Mrs. Malahoo Forte further stated that the records of the Committee will be available in due course “but right now, we are deliberating to arrive at consensus to put recommendations forward for consideration by the wider public”.
Meanwhile, the Minister disclosed that the Committee has reached consensus on several matters and “are near consensus on other matters, but we are working through”.
“A big part of what we are hoping to achieve is to Jamaicanise the Constitution and simply what it means in the process, is to have the constitutional instrument passed by the Parliament of Jamaica,” she said.
She explained that the existing Constitution was passed by Executive Action at Buckingham Palace.
“The Committee has arrived at consensus for recommendation, the abolition of the constitutional monarchy. This is a non-controversial one…We are saying that we will be abolishing the constitutional monarchy as our form of Government, and we will be removing the British Monarch from our Government. When that is done, it is to be replaced by a formal head of state for the Republic of Jamaica, a President,” Mrs. Malahoo Forte explained.
The Minister said the President will the formal head of state, which will be separate from the head of Government, who will be the Prime Minister.
“We have also arrived on consensus on how a foreign country should be defined and simply, any country other than Jamaica will be a foreign country and the Committee is of the view that with this reform, we will take out of the Constitution any reference to the Commonwealth. Any privilege to be attached to our relationship to the Commonwealth will be done in ordinary legislation, and not as part of our constitution,” she said.
Mrs. Malahoo Forte also explained that the selection of the President will include a nomination and confirmation process.
“The consensus is that it will be on the nomination of the Prime Minister after consultation with the Leader of the Opposition to be confirmed in the Parliament …and it is our intention to legislate that the two Houses sit together to make this determination on a special vote,” she said.
The Minister further noted that the topic of who qualifies to sit in the parliament has also been discussed.
“The people are not privy to see the discussions but be assured that practically every view has been represented at the table and it begins with a recognition that Jamaicans are part of the global community…and all Jamaicans are passionate about Jamaica…and it is our intention to utilize all Jamaicans in making a contribution to the nation,” she stated.
The Minister reiterated that the work is being done in phases, noting that the first phase is focusing on the matters for which a referendum will be required.
In his remarks, Opposition Representative and Member of Parliament, St. Andrew Western, Anthony Hylton said the consensus-based approach has allowed for robust discussions and agreement on some very important issues.
“I can affirm that the process has been robust, it has been consensual, we have been able to make some decisions and the Opposition remain very much engaged and involved in this very important and historic process,” he said.
The Constitutional Reform Committee’s purpose is to provide expert guidance and oversight to the Government and people of Jamaica, during the Constitutional reform process, to implement recommendations on which consensus has been reached.
The Committee is also expected to build consensus in areas where it has been eroded or is non-existent on important matters related to the process.
The body will also be required to assess how the passage of time has impacted the recommendations of the 1995 Joint Select Committee on the Constitutional and Electoral Reform Report.
Members will also advise on what fresh perspectives should be considered in light of previous and current national, regional, or international developments and propose any necessary modification to update the recommendations for implementation.
The work will be done in three phases.
